Workers’ Comp 101 for Injured Employees: What You Need to Know After a Job Injury

What workers’ comp is (and isn’t)

Workers’ compensation is insurance that pays medical care and partial wage replacement if you’re injured or become ill because of your job. You don’t have to prove your employer was at fault. In return, you usually can’t sue your employer for pain and suffering. Separate claims may exist against a negligent third party (like another company’s driver)—talk to a lawyer about that.

Are you covered?

• Most employees are covered from day one (some states have limited exceptions).

• Independent contractors aren’t usually covered—though that “contractor” label is often wrong. A lawyer can help challenge misclassification.

What benefits can you get?

• Medical treatment: doctor visits, surgery, PT, prescriptions, mileage—through the authorized provider.

• Wage loss: temporary total or partial disability checks while you can’t work or are on restricted duty.

• Permanent disability: a settlement or award if you have lasting impairment.

• Death benefits: for eligible dependents if a worker dies from a job injury.

Your first 72 hours: do this

1. Report the injury to your supervisor ASAP—in writing if you can. Late notice can delay or jeopardize benefits.

2. Ask for authorized care. Many states let the employer/insurer pick the initial doctor; see one promptly.

3. Document everything. Keep a folder with incident notes, photos, names of witnesses, medical bills, and work restrictions.

4. Follow medical advice. Missed appointments or non-compliance can be used to cut off benefits.

Common roadblocks—and how to respond

• Claim denied (“not work-related,” “pre-existing,” or “late notice”): denials are appealable; evidence and timelines matter.

• Doctor disputes: if you disagree with an insurer-chosen doctor, you may have options (second opinions, IMEs, panel choices—varies by state).

• Light-duty offers: if work offered fits your restrictions, refusing may suspend checks. If it doesn’t fit, document why and call a lawyer.

Do you also have ADA/FMLA rights?

Job-protected leave (FMLA) and reasonable accommodations (ADA) can overlap with workers’ comp. These laws are separate: if you can perform your job with reasonable accommodation, your employer must consider it—even while your comp case is pending.

When to talk to a lawyer

• Denial or delay of benefits

• Pressure to return too soon or to do work outside your restrictions

• Settlement discussions (you should understand medical rights, future care, and how Medicare or private insurance is affected)

Bottom line: Report early, get authorized care, follow restrictions, and keep records. If things get bumpy, legal help can keep your claim on track.